Novell Anticipates Objections to SCO's Experts' Testimonies

03-17-2010

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Novell Anticipates Objections to SCO's Experts' Testimonies - The TK-7 Case

Novell anticipates certain questions SCO is likely to ask two of its experts, and rather than having long sidebars, which the judge has already said he doesn't like, they have filed objections they figure they'll be raising, along with a new case that supports their position, TK-7 Corp. v. Estate of Barbouti. This way things can be hashed out in advance.
Novell has found this 10th Circuit case, TK-7, that indicates that Dr. Gary Pisano ought not to be allowed to use the Yankee Group study's numbers as the basis for his opinions, since he didn't look into the methodology. And yes, on the basis of this new case, Novell respectfully says that Judge Ted Stewart's denial of Novell's earlier Daubert motion was in error:

The Yankee Group survey is hearsay, and SCO should not be permitted to dress it up and introduce it as Dr. Pisano's unexamined and untestable opinion.

They have, in short, painted the judge into a corner, and he will either have to follow case law, or he'll have to find a newer case that contradicts the one Novell has found. Judges are supposed to be bound by case law, with a bit of wiggle room. The judge denied the motion without the benefit of this case, which Novell says, "requires a different result." This case is dynamite. Whoever found it fell asleep grinning.

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CFREE(3) Linux Programmer's Manual CFREE(3) NAME
cfree - free allocated memory SYNOPSIS
#include <stdlib.h> /* In SunOS 4 */ int cfree(void *ptr); /* In glibc or FreeBSD libcompat */ void cfree(void *ptr); /* In SCO OpenServer */ void cfree(char *ptr, unsigned num, unsigned size); /* In Solaris watchmalloc.so.1 */ void cfree(void *ptr, size_t nelem, size_t elsize); Feature Test Macro Requirements for glibc (see feature_test_macros(7)): cfree(): _BSD_SOURCE || _SVID_SOURCE DESCRIPTION
This function should never be used. Use free(3) instead. 1-arg cfree In glibc, the function cfree() is a synonym for free(3), "added for compatibility with SunOS". Other systems have other functions with this name. The declaration is sometimes in <stdlib.h> and sometimes in <malloc.h>. 3-arg cfree Some SCO and Solaris versions have malloc libraries with a 3-argument cfree(), apparently as an analog to calloc(3). If you need it while porting something, add #define cfree(p, n, s) free((p)) to your file. A frequently asked question is "Can I use free(3) to free memory allocated with calloc(3), or do I need cfree()?" Answer: use free(3). An SCO manual writes: "The cfree routine is provided for compliance to the iBCSe2 standard and simply calls free. The num and size argu- ments to cfree are not used." RETURN VALUE
The SunOS version of cfree() (which is a synonym for free(3)) returns 1 on success and 0 on failure. In case of error, errno is set to EINVAL: the value of ptr was not a pointer to a block previously allocated by one of the routines in the malloc(3) family. CONFORMING TO
The 3-argument version of cfree() as used by SCO conforms to the iBCSe2 standard: Intel386 Binary Compatibility Specification, Edition 2. SEE ALSO
malloc(3) COLOPHON
This page is part of release 3.25 of the Linux man-pages project. A description of the project, and information about reporting bugs, can be found at http://www.kernel.org/doc/man-pages/. 2007-07-26 CFREE(3)

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Novell Anticipates Objections to SCO's Experts' Testimonies - The TK-7 Case

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